Office of the Utah State Auditor Chapter 4

Office of the Utah State Auditor Chapter 4 State Compliance Audit Guide Audit Procedures for Other April 2014 State Grants, Contracts, and Loans CHAPTER 4: AUDIT PROCEDURES FOR OTHER STATE GRANTS, CONTRACTS, AND LOANS

This chapter of the State Compliance Audit Guide (Guide) identifies compliance testwork relating to State Grant Programs, State Contracts, and State Loans expended by nonprofit organizations and local governments (excluding LEA’s --see Chapter 3 for LEA testwork). This chapter does not apply if the entity under audit expended less than $500,000 from State sources. For the remaining State funded programs, this section provides a source of information for auditors to understand and document the State programs’ objectives, procedures, and compliance requirements relevant to the audit, as well as audit objectives and suggested audit procedures for determining compliance with these requirements.

Section A of this Chapter outlines the general suggested audit procedures that assist the auditor in identifying, selecting and testing State grants, contracts or loan issuances. Section B of this Chapter identifies specific suggested audit procedures for common major grants. In future years, as more common major grants are identified, guidance will be added to this Guide. The Minimum School Program (funding from the State of Utah Office of Education to LEAs) is classified as a major program; audit procedures for this program are provided in Chapter 3 of this Guide.

PASS THROUGH GRANTS: Grants that are received by the entity but then passed through to other entities for expenditure (pass through grants) should be excluded on the entity’s Schedule of Expenditures of State Awards and excluded from this testwork. Instead the entity that actually incurred the expenditure should report the expenditure on their Schedule of Expenditures of State Awards. Including pass through information on the schedule is not considered necessary since the objective of this testwork is to first, determine which local government entities are spending State funds and second, design a compliance supplement for those grants.

STATE MATCHING FUNDS FOR FEDERAL GRANTS: In many instances local governments and nonprofit organizations receive state money in the form of matching funds for federal grants. In many cases the state agency providing the funds does not specify a breakdown between the usage of state and federal funds. Auditors are not required to test state matching funds of federal grants for state compliance issues. It is assumed that these funds will be audited for compliance as part of the federal grant when required by and in accordance with the Single Audit Act and OMB Circular A- 133.

IN DETERMINING HOW THE GOVERNMENT ENSURES COMPLIANCE, CONSIDER THE FOLLOWING:  Accounting system capable of recording appropriations and budgets and comparing them to actual results  Reconciling appropriation or budget totals to totals recorded in the accounting system  Policies and Procedures Manuals  Knowledge and Training of personnel  Legislative and Management Monitoring  Management’s identification of changes in laws and regulations  Management’s communication of changes in laws and regulations to employees

4-1 Office of the Utah State Auditor Chapter 4 State Compliance Audit Guide Audit Procedures for Other April 2014 State Grants, Contracts, and Loans

A. GENERAL COMPLIANCE REQUIREMENTS

Performed by Workpaper AUDIT PROCEDURES and Date Index

1. Have the client prepare a Schedule of Expenditures of State Awards (SESA) for the period that identifies all expenditures funded by State sources of revenue; including new loans issued using State funds. The schedule should list (1) the State agency, (2) the name of the grant, contract or loan funding source, (3) total expended, and (4) the year the grant, contract, or loan funds were subject to audit by this Guide. This schedule should be uploaded to OSA at http://reporting.auditor.utah.gov/ as part of the audit report submission.

Determine that the schedule is complete and accurate by agreeing the total and a sample of line items to the entity’s accounting records. An example of this schedule can be found in Appendix 4-1 of this chapter.

NOTE: The auditor is required to issue an in relation to opinion on the SESA. See report examples in Chapter 5 of this Guide.

2. Determine and document which grants, contracts or new loan issues are considered Type A or Type B and “non-low risk.” Programs with expenditures greater than $500,000 are considered Type A. Programs with expenditures greater than $100,000 and less than $500,000 are considered Type B. A program is considered “non-low risk” if it has not been audited as a major state program in at least one of the three most recent audit periods OR if in the most recent audit it had reportable audit findings. See Appendix 4-2 of this chapter for a Decision Tree regarding major grant determination.

3. Determine and document which grants, contracts, or new loan issuances to test as major programs.

a. All “non-low risk” Type A programs must be tested as major programs.

b. Select one “non-low risk” Type B program to test as a major program for each Type A program that will not be tested as a major program.

c. If expenditures for all major programs tested are less than 20% of the entity’s total state grants, contracts or new loans expended then select additional “non- low risk” programs to test as major programs until this threshold is met. If there are no more “non-low risk” programs then meeting the 20% minimum threshold is not required.

See Appendix 4-2 of this chapter for a Decision Tree regarding how to determine the number of major grants to test.

All programs selected for testwork are considered ‘major’ for reporting purposes and should be individually listed in the auditor’s report.

4. Determine the program objectives, program procedures, and compliance requirements for each program being testing by:

 Reviewing the contract and grant agreements and referenced laws and regulations applicable to the program.

 Discussing the program with the State awarding agency.

5. Determine and document which compliance requirements could have a direct and material effect on the program.

NOTE: In assessing materiality, the auditor should consider that materiality is based on qualitative as well as quantitative aspects. Examples of characteristics indicative of compliance requirements that could have a direct and material effect on a major program include: • Noncompliance could likely result in questioned costs.

• The requirement affects a large part of the State program (e.g., a material amount of program dollars).

• Noncompliance could cause the State agency to take action, such as seeking reimbursement of all or a part of the award and suspending the recipient's or subrecipient's participation in the program.

Possible compliance requirements are listed in a., b., and c. below. Add additional steps for any other significant requirements.

a. Services and Costs Allowed or Disallowed – Review the program requirements, State awarding documents, and the entity’s procurement policies to determine what constitutes allowable or disallowable services and costs.

b. Eligibility – applies to most State programs which make subawards or provide benefits to individuals or groups of individuals. For programs with eligibility requirements, review the program laws, regulations, and provisions of contract or grant agreements to determine the specific eligibility requirements, including eligibility involving not only individuals but also groups of individuals, geographical areas, or subrecipients, if applicable. Additionally, consider whether continuing, as well as initial, eligibility requirements apply.

c. Financial Reporting – Determine the financial reports which the entity was required to submit for State programs. The auditor should be aware that reporting may include electronic submissions for which there may be no physical document.

6. Document the control procedures over each of the significant compliance requirements documented in 5 above.

7. Determine and document which of the compliance requirements are susceptible to testing by the auditor.

NOTE: The requirements should be evaluated against objective criteria, and the auditor should have a sufficient basis for recognizing noncompliance.

Auditors are not expected to test compliance requirements if the State awarding agency otherwise verifies compliance. This would apply only if the State awarding agency performs a detailed review of individual transactions at the local government level.

The auditor must still identify the compliance requirement and document the review procedures of the State awarding agency specifying how those procedures adequately verify compliance.

8. Determine whether the entity complied with each of the requirements being tested.

NOTE: Example procedures for determining compliance are listed below. Add additional steps for other requirements being tested.

a. Services and Costs Allowed or Disallowed – Determine whether funds received under State awards were expended only for allowable activities and costs by selecting a sample of transactions and performing procedures to verify that the transaction was for an allowable activity.

b. Eligibility – Select a sample of individuals, groups, or subreceipients receiving benefits and perform tests to determine whether only eligible individuals or groups of individuals participated in the program, subawards (if any) were made only to eligible subrecipients, and amounts provided to or on behalf of eligible participants were calculated in accordance with program requirements.

c. Reporting – Select a sample of reports and determine whether the reports included all activity of the reporting period, were supported by applicable accounting records, and were fairly presented in accordance with program requirements.

CONCLUSION (adequacy of the controls, significant deficiencies/material Workpape Performed by r weaknesses, and management letter comments): and Date Index

B. B&C ROAD FUNDS

INFORMATION CONTACT: UDOT - Local Government Programs Engineer, Chris Potter, 801-633-6255 Jeff Ericson, 801-965-4352

PROGRAM OBJECTIVES:

To provide funding as a means for assisting counties and incorporated municipalities with the construction and maintenance of county roads and city and town streets throughout the State.

Testwork here related to B&C Road funding is only to be performed if identified as a major grant in step A.2. above.

Performed by Workpaper Document below the control procedures which address the compliance requirements: and Date Index

Appli- Legal cable Performed by Workpaper Ref. to: AUDIT PROCEDURES and Date Index

C, M 1. Confirm the amount of B&C road funds received by the entity with the Utah Department of Transportation’s website at: http://www.udot.utah.gov/main/f?p=100:pg:0:::1:T,V:134,

C, M 2. Determine whether current year allowable B&C road fund expenditures exceeded available B&C revenue (available revenue = current year revenue + prior year's fund balances). If allowable expenditures do not exceed available revenue, verify that remaining balances are properly recorded as restricted funds in the general ledger.

C, M 3. Select a sample of B&C road fund disbursements and determine whether the costs were allowable.

Permissible Uses Include, but are not limited to: UCA a. All construction and maintenance on eligible Class B& C 72-3-103-104 roads. b. Sidewalks, curb and gutter (on all eligible roads and state UCA 72-8-104 highways), safety features, traffic signals, traffic signs, and bicycle paths (in B&C Roads).

UCA 72-2-202 c. Investments for interest purposes (interest to be kept in the fund). d. Equipment purchases or equipment leases and rentals. e. Engineering and administration. f. Future reimbursement of other funds for large construction projects. g. Rights of way acquisition, fencing, and cattle guards. 72-2-110 h. Matching federal funds. 72-2-110

* C=County; M=Municipality (City/Town); D=Special Service or Local Districts; LEA=Local Education Agency

i. Equipment purchased with B and C funds may be leased from More information the road department to another department or agency using about fund the rental rate established by the Federal Emergency uses can also be found in the Management Agency (FEMA) schedule of equipment rates. Governing of Class B&C j. Construction of road maintenance buildings, storage sheds, Road Fund and yards. Multiple use facilities may be constructed by mixing Guide, issued funds on a proportional basis. by the Utah Department of k. Litigation of RS-2477 issues (see 2009 regulations and HB Transportation. 278). 2011 Edition, Section IV (B&C roads are defined in UCA 72-3-103 and 104; maintenance UDOT Guide Found Here and construction are defined in UCA 72-6-109.)

Non-Permissible Uses Include: a. Non-road uses b. Police Costs c. To pay for rental on equipment which was previously purchased with B&C road funds d. Alleys e. Roads or streets with locked gates or restrictive signing will not be included as eligible roads. (UCA 72-7-106)

UCA C, M 4. If B&C funds are used to pay for bonds, select a sample of 72-2-108 related bonds and determine that the bond proceeds were used for allowable costs.

UCA C, M 5. Review project files to verify that the appropriate documents 72-6-108,109 (plans, specifications, and estimates) were prepared prior to the construction of any improvement project on a Class B or C road having an estimated cost exceeding $167,990 in 2013 + 3% per year increase for labor, equipment, and materials.

UCA C, M 6. Review the entity’s files to determine that all construction work 72-6-110 was prepared and performed under the direction of a registered professional engineer, and that the engineer has provided the required certification to the governing officials.

UCA C, M 7. Review selected files to determine that projects in excess of 72-6-108 $167,990 in 2013 + 3% per year increase for labor, equipment, and materials were performed under contract let to the lowest responsible bidder. Whenever the estimated cost of the construction exceeded the sum of $167,990 for labor, equipment, and materials, determine that the project was not divided as to permit the construction in several parts, except by contract.

UCA C, M 8. Review the supporting documents for projects estimated to 72-6-109 cost more than $167,990 in 2013 + 3% per year increase for each subsequent year where the work was performed by force account. Determine that proper procedures were followed. Equipment costs are to be determined using the Federal Emergency Management Agency schedule of equipment rates which can be found at http://www.fema.gov/schedule-equipment-rates.

UCA C, M 9. Review the entity’s project files to verify that the advertising 72-6-108 requirements were followed.

NOTE: The advertisement for bids on B&C roads shall be published in a newspaper of general circulation in the county in which such work is to be performed at least once a week for three consecutive weeks, Specific Requirements or if there is no such newspaper, then after posting such notice for at UCA least twenty days in at least five public places in the county. Sealed 63G-6a-406 and 1402 bids shall be received by the governing officials and opened at the time and place designated in the advertisement, and the contract awarded (provided that the governing officials shall have the right to reject any and all bids and provided that the person, firm, or corporation to whom any such contract is awarded) shall be subject to all provisions of the Utah Procurement Code (UCA 63G-6a).

UCA C, M 10. Review contractor payments and verify that any withholdings 72-6- 108(6) from the payments have been deposited in an interest bearing account and that the interest accrues to the benefit of the contractors.

Governing C, M 11. If the local authority is allowing its Class B and C road funds to of Class B&C Road accumulate until such time as sufficient funds are available for more Fund Guide extensive road projects, verify that the funds have been invested in Guide Found Here government offerings or time certificates of deposit for interest earning purposes and that the interest has been credited to the entity’s B&C road fund account.

UCA C 12. Verify that Class B road funds are not being used to reimburse 17-16-18 the General Fund for the cost of county officers during the current year or for previous years.

CONCLUSION (adequacy of the controls, significant deficiencies/material Performed by Workpaper weaknesses, and management letter comments): and Date Index